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AB-1546 • 2026

Vehicles: driving under the influence.

Vehicles: driving under the influence.

Crime Education
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Schultz
Last action
2026-03-04
Official status
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 3). Re-referred to Com. on APPR.
Effective date
Not listed

Plain English Breakdown

The official source material does not provide detailed information about the specific conforming changes or how local agencies will be affected by these changes.

Driving Under the Influence Penalties

AB-1546 changes penalties for driving under the influence (DUI) to make some offenses punishable as either a misdemeanor or felony, and it increases the time drivers must use ignition interlock devices after multiple DUI convictions.

What This Bill Does

  • Changes the punishment for someone convicted of two DUIs within ten years from a fixed jail sentence to a choice between a shorter jail term or longer terms with fines.
  • Makes three DUI convictions within ten years punishable as either a misdemeanor or felony, and increases driving revocation periods based on the number of prior offenses.
  • Increases the time drivers must use ignition interlock devices after multiple DUI convictions: 36 months for three DUIs and 48 months for four or more DUIs in ten years.

Who It Names or Affects

  • People convicted of driving under the influence (DUI) who have prior DUI offenses within ten years.

Terms To Know

Wobbler
A crime that can be charged as either a misdemeanor or felony, depending on the circumstances and judge's discretion.
Ignition Interlock Device (IID)
A device installed in cars to prevent them from starting if the driver has been drinking alcohol.

Limits and Unknowns

  • The bill does not specify how local agencies will be affected by these changes.
  • It is unclear what specific conforming changes are made, as only that such changes will occur is mentioned.

Bill History

  1. 2026-03-04 California Legislative Information

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 3). Re-referred to Com. on APPR.

  2. 2026-03-04 California Legislative Information

    Coauthors revised.

  3. 2026-02-09 California Legislative Information

    Referred to Com. on PUB. S.

  4. 2026-01-06 California Legislative Information

    From printer. May be heard in committee February 5.

  5. 2026-01-05 California Legislative Information

    Read first time. To print.

Official Summary Text

AB 1546, as introduced, Schultz.
Vehicles: driving under the influence.
Under existing law, if a person is convicted of either driving under the influence (DUI) of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug or driving while having 0.08% or more, by weight, of alcohol in the person’s blood within 10 years of 2 separate violations of specified DUI offenses, or any combination thereof, that resulted in convictions, that person has committed an offense punishable by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine, as specified.
This bill would, instead, make the above DUI conviction punishable as a wobbler by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine, as specified, or by imprisonment in the county jail for 16 months or 2 or 3 years and a fine, as specified. By
increasing the punishment of a crime, this bill would impose a state-mandated local program.
Under existing law, if a person is convicted of DUI and the offense occurred within 10 years of 3 or more separate violations for driving under the influence that resulted in specified convictions, that person has committed an offense punishable as either a misdemeanor or a felony, and the person shall have their privilege to drive revoked for a period of 4 years, as specified.
This bill would, instead, make the above DUI conviction punishable as a wobbler if the offense occurred within 10 years of 3 separate violations for driving under the influence that resulted in specified convictions, and punishable as a felony by imprisonment in the county jail for 16 months or 2 or 3 years and a fine, as specified, if the offense occurred within 10 years of 4 or more separate violations for driving under the influence that resulted in
specified convictions. By increasing the punishment of a crime, this bill would impose a state-mandated local program. The bill would revoke the person’s privilege to drive for a period of 4 years if the offense occurred within 10 years of 3 separate violations for driving under the influence that resulted in specified convictions, and for 5 years if the offense occurred within 10 years of 4 or more separate violations for driving under the influence that resulted in specified convictions.
Existing law, until January 1, 2033, requires a person, upon a criminal conviction for driving under the influence with a prior conviction for DUI, to install a functioning, certified ignition interlock device (IID) for a specified period of time. Under existing law, if a person is convicted of DUI within 10 years of 3 or more specified prior DUI violations, the person is required to install the IID for a mandatory term of 36 months.
This
bill would require the person to install the IID for a mandatory term of 36 months if the conviction occurred within 10 years of 3 specified prior DUI violations. If the conviction occurred within 10 years of 4 or more specified prior DUI violations, the bill would require the person to install the IID for a mandatory term of 48 months.
This bill would make conforming changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Current Bill Text

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